It is an unfortunate fact that when children are a factor in divorce, child support issues become a bone of contention, especially if the divorce is dissentious. As it is with child custody, the concern of the courts is to look out for the best interests of children of divorce, and to protect their rights to financial maintenance by their parents.

The laws governing child support in Texas is embodied in Title 5 Subtitle B Chapter 154 of the Texas Family Code. In it, the laws are very specific on what the courts may and may not order based on the circumstances. It is possible that both parents will be assigned a certain amount of child support in cases when neither parent has physical conservatorship (which is what they call custody in Texas). In most cases, however, the parent who is the physical conservator is the one who will receive child support payments from the non-conservator parent.

There are many possible scenarios described under Chapter 154, but perhaps what would be an important point to know is that the failure of one parent to pay regularly court-ordered child support may be considered a quasi-criminal offense under Texas Penal Code §25.05 if that parent does so even if he or she has the financial capability to make payments. The penalty for this (considered contempt of court) can be as much as 180 days imprisonment each time the case is brought before the Texas Child Support Division as well as $500 in fines. According to the website of the BB Law Group PLLC, the non-paying parent may also risk losing state-issued licenses including professional, driver’s, business and recreational.

If you live in Texas and have been having difficulty in getting your spouse to pay child support regularly even though there is a financial capacity for it, consult with a lawyer in the area about your legal options. Your child or children should not have to suffer from your spouse’s refusal to fulfill legal and familial obligations.